The October 1971 rating decision did not assign a separate rating for the tender right clavicle scar, but it was already covered under the assigned rating.,The October 1971 rating decision also did not assign a separate rating for shell fragment injury to muscle group XX or muscle group XXI. The Veteran's representative argued that this omission should be considered CUE.
The deciding factor: The RO correctly applied the applicable regulations and diagnostic codes at the time of the October 1971 decision, and there was no clear and unmistakable error in omitting a separate rating for the tender right clavicle scar or shell fragment injury to muscle group XX or muscle group XXI.
- Claimed conditions
- Scar, shell fragment wound residuals, subclavicular region with FCC right clavicle with right thoracic outlet syndrome, Shell fragmentation wound residual, right lung with retained foreign body, Shell fragmentation wound residual, right shoulder, posteriorly
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 25, 2016
- Citation
- 1633723
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1633723.
What this means for you
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- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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